Environmental Constitutionalism

Environmental Constitutionalism

Edited by James R. May, Professor of Law and Erin Daly, Professor of Law, Widener University Delaware Law School, US

Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.

Buy the E-Book @ paperback price

Resources

Join our mailing list

Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.

PART I ESTABLISHING ENVIRONMENTAL CONSTITUTIONALISM 1. Dinah Shelton (2006), ‘Human Rights and the Environment: What Specific Environmental Rights have been Recognized?’, Denver Journal of International Law and Policy, 35 (1), 129–71

6. David R. Boyd (2011), ‘The Implicit Constitutional Right to Live in a Healthy Environment’, Review of European Community and International Environmental Law, 20 (2), July, 171–9

7. David Marrani (2014), ‘The Intersection between Constitution, Human Rights and the Environment The French Charter for the Environment and the New ex post Constitutional Control in France’, International Legal Perspectives, 16, 107–21

PART IV RIGHTS WORKING TOGETHER 12. Jackie Dugard and Anna Alcaro (2013), ‘Let’s Work Together: Environmental and Socio-Economic Rights in the Courts’, South African Journal on Human Rights, 29, 14–31

13. Sylvia Ewald (2011), ‘State Court Adjudication of Environmental Rights: Lessons from the Adjudication of the Right to Education and the Right to Welfare’, Columbia Journal of Environmental Law, 36 (2), 413–59

14. James R. May (2013), ‘Constitutional Directions in Procedural Environmental Rights’, Journal of Environmental Law and Litigation, 27, 27–58

17. James R. May and William Romanowicz (2011), ‘Environmental Rights Embedded in State Constitutions’, in James R. May (ed.), Principles in Constitutional Environmental Law, Chapter 12, Chicago, IL: American Bar Association, 305–27